China passes new rules to prosecute trespassers in its territorial waters

Chinese naval vessels participate in a drill on the East China Sea, China on Aug 1.Reuters

China's highest court announced that if any foreign operated vessel trespasses repeatedly into its 12 nautical mile territorial waters despite warnings, it could face prosecution and up to a year's jail.

Chinese citizens and foreigners convicted of "serious" illegal activities like unlicensed fishing or wildlife poaching in Chinese waters will have to face the same punishment. The restricted waters also include the 200 nautical miles Exclusive Economic Zones (EEZs).

The statement said, "Judicial power is an important component of national sovereignty. The people's courts will actively exercise jurisdiction over China's territorial waters, support administrative departments to legally perform maritime management duties... and safeguard Chinese territorial sovereignty and maritime interests."

The Straits Times quoted a court spokesman saying in an interview with reporters that the work of drafting the rules started last year, in accordance with Chinese law, the United Nations Convention on the Law of the Sea (UNCLOS) and judicial practices.

Professor Fu Kuncheng, director of Xiamen University's South China Sea Institute told The Straits Times that these rules have "nothing to do with the tribunal ruling" and it is targeted to set a national policy and standard.

However, the analysts think that the new rules are not only linked to the tribunal outcome but also to the nation's aspiration to become a maritime power and a maritime judicial centre.